U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > New York City
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 11-12-2009, 05:55 PM
 
5 posts, read 252,365 times
Reputation: 59

Advertisements

Hey I tried searching for threads that were related to my problem but couldn't find any, so I apologize if my thread is a repost. Anyways, I own a 2 family house in New York City. I live on the 2nd floor and rent out the first floor. The tenants refuse to pay rent from the get-go and I want to evict them. The lawyer said my cellar is illegal because I have a stove, kitchen sink and bath tub down there and that I would lose the case if the court ordered an house inspector to inspect my cellar. At this point, I am trying to legalize my cellar and pretty much removed the entire kitchen. I just want to know what does an house inspector from the Department of Buildings look for when inspecting a possible illegal cellar. How long is the inspection? Can he ask to knock down walls (I decided to put up a wall to completely cover the entire bathroom so it would look like a bathroom was never even there)? Can I leave dressers down there and say its just there for storage and its not in use (lawyer said I can't have any furniture down there, I have to make it look like no body is living down there)? Does any body have advice for me? Thank you sooo muchhhh and sorry for the long post. Any advice is greatly appreciated!!
Quick reply to this message

 
Old 11-12-2009, 06:25 PM
 
7,079 posts, read 33,722,918 times
Reputation: 4005
It seems that you'd need a valid certificate of occupancy that includes the cellar as it is now configured.
Quick reply to this message
 
Old 11-12-2009, 06:33 PM
 
Location: Queens THE REAL international city
2,386 posts, read 5,275,587 times
Reputation: 2802
You better get this fixed before another fire happens that was similar to the situation you mentioned in Queens.
Quick reply to this message
 
Old 11-12-2009, 06:40 PM
 
Location: USA
4,675 posts, read 4,011,949 times
Reputation: 2764
A lawyer will know more than anyone here on this forum.
Quick reply to this message
 
Old 11-12-2009, 09:05 PM
 
936 posts, read 3,012,500 times
Reputation: 613
Some people purposely rent illegal apartments with the intention of never paying rent. Consult a lawyer, have the place inspected, pay the fines, and do the required upgrades just to get these people out of your house.
Quick reply to this message
 
Old 11-12-2009, 09:22 PM
 
5 posts, read 252,365 times
Reputation: 59
Hey I just want to thank you guys with the quick replies. I have another question, if you have illegal partitioned walls in the cellar, does that void your right to evict tenants out of your house?
Quick reply to this message
 
Old 11-12-2009, 10:44 PM
 
Location: Confines of the 101 Precinct
19,073 posts, read 32,655,211 times
Reputation: 7563
Quote:
Originally Posted by illegaltenant View Post
Hey I tried searching for threads that were related to my problem but couldn't find any, so I apologize if my thread is a repost. Anyways, I own a 2 family house in New York City. I live on the 2nd floor and rent out the first floor. The tenants refuse to pay rent from the get-go and I want to evict them. The lawyer said my cellar is illegal because I have a stove, kitchen sink and bath tub down there and that I would lose the case if the court ordered an house inspector to inspect my cellar. At this point, I am trying to legalize my cellar and pretty much removed the entire kitchen. I just want to know what does an house inspector from the Department of Buildings look for when inspecting a possible illegal cellar. How long is the inspection? Can he ask to knock down walls (I decided to put up a wall to completely cover the entire bathroom so it would look like a bathroom was never even there)? Can I leave dressers down there and say its just there for storage and its not in use (lawyer said I can't have any furniture down there, I have to make it look like no body is living down there)? Does any body have advice for me? Thank you sooo muchhhh and sorry for the long post. Any advice is greatly appreciated!!
if it is indeed a cellar you cannot have a shower, bathtub or kitchen down there. anything that constitutes somebody living down there.
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence

Forum TOS: http://www.city-data.com/forumtos.html
Quick reply to this message
 
Old 11-13-2009, 08:00 AM
 
8,750 posts, read 15,550,014 times
Reputation: 4168
If it is an illegal apt, and should not have been rented, and the tenant are not paying rentthen lock them out when they leave, then remove all of their items and put it in storage. They never lived there remember? They have no case...you never met them and have no idea who they are. The end.
Quick reply to this message
 
Old 11-13-2009, 09:56 AM
 
203 posts, read 569,626 times
Reputation: 70
I think if you took out the kitchen...you should be alright. I dunno maybe put some boxes and other junk that people have in basements, so it looks like its just for storage. As for eviction, you still can evict a tenant whether or not there is an illegal basement. But you just won't be able to collect back rent if they determine that it is an illegal basement.
Quick reply to this message
 
Old 11-13-2009, 01:22 PM
 
Location: Out of this world
277 posts, read 1,284,681 times
Reputation: 164
Quote:
Originally Posted by illegaltenant View Post
Hey I tried searching for threads that were related to my problem but couldn't find any, so I apologize if my thread is a repost. Anyways, I own a 2 family house in New York City. I live on the 2nd floor and rent out the first floor. The tenants refuse to pay rent from the get-go and I want to evict them. The lawyer said my cellar is illegal because I have a stove, kitchen sink and bath tub down there and that I would lose the case if the court ordered an house inspector to inspect my cellar. At this point, I am trying to legalize my cellar and pretty much removed the entire kitchen. I just want to know what does an house inspector from the Department of Buildings look for when inspecting a possible illegal cellar. How long is the inspection? Can he ask to knock down walls (I decided to put up a wall to completely cover the entire bathroom so it would look like a bathroom was never even there)? Can I leave dressers down there and say its just there for storage and its not in use (lawyer said I can't have any furniture down there, I have to make it look like no body is living down there)? Does any body have advice for me? Thank you sooo muchhhh and sorry for the long post. Any advice is greatly appreciated!!

Is this an illegal "basement" or "cellar". The reason I asked is because a person living in a cellar is an automatic eviction from the NYC Dept. of Buildings. I found that out last week when the inspector came to my house.

Get a lawyer to evict them. It is very expensive to change the CofO. I mean thousands of dollars. Besides it would take months to legalize it. By that time who knows what could transpire between you, the tenant, the city and the judge.

The inspection takes a few minutes. As for violations, it depends on the design and location of the illegal apartment. At least that's what the inspector told me.

Yes, he can ask you to knock down a wall. He can also ask you to take apart the whole apartment.

Doesn't the non-paying tenant live down there? If so, how would you put a dresser there?
Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > New York City
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top